A restaurant and bar had not paid rent for over 6 months. A previous eviction attempt had been defeated in court by a tenant who had nothing to defend with other than a host of technical flaws in an earlier case. It was thus apparent that absolutely every detail down to the last comma was Full Article…
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Q & A: No Dogs for Condo Renters
By JAY ROMANO Q. I own in a condo building that allows only owners to have dogs. Renters have been circumventing the rule by submitting a note from a therapist to the management company saying the dog is part of their therapy. Is it true that a condominium can be kept from enforcing its rules by Full Article…
Adam Leitman Bailey, P.C., Uses Social Media to Prove that Tenant Was Not Using Apartment as Primary Residence
Entitlement to a governmentally regulated apartment is strictly governed by statute and a tenant of such an apartment is required to utilize it as his or her primary residence in order to continue to receive the benefit. Recently, Adam Leitman Bailey, P.C., was called upon to investigate and demonstrate that a granddaughter—who had previously Full Article…
Landlord Prevails in NYC Court’s First Sandy-Related Commercial Lease Decision
A New York City judge ruled Monday that the owner of 100 Maiden Lane is not liable for its tenant’s loss of electricity following Hurricane Sandy, in what is believed to be the city’s first decision on a commercial lease case related to storm losses.
A Smoking Ban in All Related Companies Rentals
By C. J. HUGHES In a move that may enrage those who enjoy a cigarette on their couch after work, but delight air-freshener-wielding neighbors, a major landlord has banned smoking in all of its apartments across the country. As of this month, the Related Companies has decided that tenants can no longer light up in Full Article…
Q & A: Rent-Stabilized Corporate Tenants
Q. Is it legal for a corporation to be a rent-stabilized tenant? A. Yes, “a corporation can rent a rent-stabilized apartment,” said Adam Leitman Bailey, a Manhattan real estate lawyer. “But the terms of the rental will determine whether or not the apartment is entitled to the automatic renewals that are normal under rent stabilization.” If the lease names Full Article…
Adam Leitman Bailey, P.C. Rescues Major Publicly Traded Company From Eviction
A major publicly traded company holding numerous New York properties came to ALBPC with a dilemma. Its landlord at a building in a major up and coming neighborhood alleged that the company had been neglecting the rental property for decades. As a result, the landlord was declaring forfeiture of the right to rent the property Full Article…
No Help for Jilted Sellers as Court Sticks With Precedent
n White v. Farrell,1 the New York Court of Appeals ruled that the measure of damages for a buyer’s breach of a contract to sell real property, where the contract does not contain a liquidated damages clause as the seller’s exclusive remedy,2 is the difference between the contract price and the fair market value of the property on Full Article…
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